LEGCO QUESTION NO. 15 (Written Reply)
Asked by: Hon WONG Sing-chi Date of meeting: 14 January 2004
Replied by: Secretary for Housing, Planning and Lands
Question:
Regarding the problem of conducting commercial activities on government land which is occupied without authorization or in breach of land grant conditions, will the Government inform this Council of:
(a) the location, area and years of occupation of individual pieces of government land with the above situation in the past five years, the commercial activities undertaken, as well as the government department(s) responsible for regulating such activities and the details of the follow-up actions taken; whether the authorities have assessed the turnover of such commercial activities and the amount of rent payable; if so, of the assessment results; and
(b) the follow-up actions the authorities have taken against the unauthorized occupation of government land for use as premises for the sale of food or food processing, so as to ensure food hygiene and safety as well as safeguard public health; whether the authorities will consider conducting inter-departmental joint operations to resolve the problem?
Reply：
President,
My reply to the two parts of the question is as follows:
(a) As regards commercial activities conducted on government land without authorization or in breach of the lease conditions, details of these cases are provided in Annexes A and B respectively. The - 2 -
Lands Department (Lands D) is responsible for taking land control action against illegal occupation of government land and to ensure compliance of the terms of leased land by the lessees. Depending on the types of activities taken place on the concerned sites, other relevant Government departments can also take appropriate action, as and when necessary, in accordance with their departmental policies.
When unauthorized occupation of Government land is detected, Lands D will normally require the occupier to cease occupation in accordance with the relevant provisions of the Land (Miscellaneous Provisions) Ordinance (Cap. 28). Where appropriate, Lands D will regularize the unauthorized occupation by granting short term tenancies (STT) to the occupiers at market rent. If the unauthorized occupation cannot be regularized and has to be ceased, no STT will be offered and rent assessment will not be carried out.
Similarly, if unauthorized change of use of leased land is discovered, Lands D will require the lessee to rectify the unauthorized use. Where appropriate, Lands D will allow the change of use by issuing a short term waiver (STW) to the lessee at a fee. If the unauthorized use is not allowed and the lessee is required to cease such activity, STW will not be issued and no fee will be assessed.
(b) Regulation of food business falls under the purview of the Food and Environmental Hygiene Department (FEHD). To safeguard public health, any person who wishes to operate a food business needs to obtain a licence from FEHD and to comply with the relevant licensing requirements and conditions. Unlicensed operators will be prosecuted regardless of whether the food premises are located on government land or not.
If Government land is occupied without authorization for use as premises for the sale of food or food processing, Lands D will take land control action and will also refer the matter to FEHD for appropriate follow up actions within the latter’s authority.
* * * * Annex A Cases of Unauthorized Occupation of Government Land for Commercial Uses from January 1999 to December 2003
Item Location Area Duration Usage Action by Lands D/Current position (1) Aberdeen 5,330m2 About 20 Live fish Regularization by way of a Government Land (GL) Licence issued to the Fish Promenade/Public years wholesale market Marketing Organization on 1.12.2003. Car Park (2) Discovery Bay, 41,200m2 1982 Golf course Being regularized by a short term tenancy (STT) with rental back-dated to Lantau to present 1982. (3) Yung Shue Wan, 124m2 10.2001 Restaurant Prosecution action is being taken against the occupier. Lamma Island to present (4) Ho Chung, Sai Kung 700m2 8.2003 Golf driving Structures to be surveyed and land control action will be taken as appropriate. to present range (5) Po Toi O, Sai Kung 380m2 11.1995 Two restaurants Clearance to be carried out by Housing Department and Lands D. FEHD is to to present consider appropriate action against the restaurants. (6) Lung Kwu Tan, Tuen 210m2 Mid 2003 Recreational Land control action is being taken against the illegal occupation of GL. Mun to present (water sports) purposes (7) Near DD 120 Lot 200m2 12.2001 Shops Demolished in November 2002. 1072R.P., On Ning to 11.2002 Road, Yuen Long (Ex-Tai Kiu Tsuen) (8) Near DD122 Lot 250m2 1.2001 Car park Cleared in December 2003. Nos. 894RP & to 12.2003 1589RP, Wing Ning Tsuen, Yuen Long - 2 -
(9) Near DD116 Lot 3,200m2 11.2002 Car park Cleared in April 2003. Nos. 805 & 806, to 4.2003 Villa Premiere, Yuen Long (10) Near DD118 Lot 300m2 7.2000 Open storage of Cleared in June 2001. 1448RP, Ta Shu Ha to 6.2001 containers Road West, Shap Pat Heung, Yuen Long (11) Near DD114 Lot 2,500m2 6.2001 Car park Cleared in November 2001. 21RP, Shek Kong to 11.2001 Airfield Road, Pat Heung, Yuen Long (12) Near DD108 Lot 119, 300m2 6.2001 Open storage of Cleared in May 2003. Ta Shek Wu, Pat to 5.2003 construction Heung, Yuen Long materials (13) Near DD104 Lot 600m2 4.2001 Golf driving Cleared in June 2001. 3213-18, Golf to 6.2001 range Driving Range, Fairview Park, San Tin, Yuen Long (14) Near DD99 Lot 300m2 8.2000 Car park Cleared in July 2001. 570RP & 397RP, to 7.2001 Chau Tau, San Tin, Yuen Long
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(15) Near DD96 Lot 733, 6,000m2 1.1999 Open storage Cleared in December 2000. Pak Shek Au, Chau to 12.2000 Tau, San Tin, Yuen Long (16) Near DD96 Lot 250m2 7.1998 Car park Cleared in June 2000. 709RP, Pak Shek Au, to 6.2000 Chau Tau, San Tin, Yuen Long (17) Near Shek Po Tsuen 100m2 1.2003 Car repairing To be cleared in 2004. in DD123, Ping to present Shan, Yuen Long (18) Near Ki Tai Garden 150m2 10.2003 Car park To be cleared in 2004. (Phase I) in DD121, to present Hung Shui Kiu, Yuen Long (19) Near Luen Yick San 1,810m2 9.10.2003 to Car park Fenced up and notice boards erected on site in December 2003. Tsuen, Sam Mun (formed on 16.12.2003 Tsai, Tai Po slope)
Annex B Cases of Unauthorized Change of Use of Leased Land from Non-commercial to Commercial Uses from January 1999 to December 2003
Item Location Area Duration Usage Action by Lands D/Current position (1) Hoi Yu Street, Quarry 2,985.9m2 15.6.1999 Fee-paying car Advisory and warning letters issued. Misuse rectified. Bay (Industrial) to 2.6.2000 park (2) King Wah Road, 2,784m2 2.1.2003 Fee-paying car Advisory letter issued. Waiver application under processing. North Point (Industrial) to present park (3) 60 Victoria Road, 566.7m2 9.11.2000 Fee-paying car Advisory letter issued. Misuse rectified. Hong Kong (Industrial) to 23.8.2001 park (4) J/O Cheung Yip 6,541m² 22.2.2000 Fee-paying car Advisory letter issued. Misuse rectified. Street & Lam Chak (Industrial/ to 1.11.2000 park Street, Kowloon Bay Godown) (5) J/O Sheung Yee Road 5,480m² 7.12.2000 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. & Wang Tai Road, (Industrial/ to present park Kowloon Bay Godown) (6) 15-21 Luk Hop 2,991.38m² 23.2.2001 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. Street, San Po Kong, (Industrial/ to present park Kowloon Godown) (7) 1 Tai Yau Street, San 1,430.71m² 24.4.2001 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. Po Kong, Kowloon (Industrial) to present park & open storage - 2 -
(8) 9-11 Sheung Hei 970.84m² 24.4.2001 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. Street, San Po (Industrial/ to present park Kong, Kowloon Godown) (9) 112 King Fuk 1,676.85m² 9.7.2001 Fee-paying car Advisory letter issued. Misuse rectified. Street, San Po (Industrial/ to 28.3.2002 park Kong, Kowloon Godown) (10) 66 How Ming 1,769.75m2 22.2.2000 Fee-paying car Warning letter issued. Wavier application under processing. Street & 165-167 (Industrial) to present park Wai Yip Street, Kwun Tong, Kowloon (11) 52 Hung To Road, 1,056.7m2 26.10.1999 Fee-paying car Warning letter issued. Wavier application is at an advance stage of Kwun Tong, (Industrial) to present park processing. Kowloon (12) No.38 Chong Yip 1,156.64m2 5.7.1999 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. Street, Kwun Tong (Industrial/ to present park Godown) (13) No.18 & 18A Hung 535m2 15.8.2003 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. To Road, Kwun (Industrial) to present park Tong, Kowloon (14) J/O How Ming 8,913m2 6.8.1999 Fee-paying car Upon application, wavier granted at a fee. Street/ Tsun Yip (Industrial/ to present park Street, Kwun Tong, Office) Kowloon
- 3 - (15) No.49 King Yip 929.02m2 20.7.1999 Fee-paying car Advisory letter issued. Upon application, wavier granted at a fee. Street, Kwun Tong, (Industrial) to present park Kowloon (16) No.52 Tsun Yip 929.03m2 7.1.2000 Fee-paying car Advisory letter issued. Misuse rectified. Street, Kwun Tong, (Factory for to 2.6.2003 park Kowloon the manufacture of wearing apparel hats and gloves or embroidery) (17) No.207 Wai Yip 936m² 20.7.1999 Fee-paying car Misuse rectified. Street, Kwun Tong, (Industrial) to 29.8.2002 park Kowloon (18) No.9 Ko Fai Road, 5,946m2 15.11.2001 Fee-paying car Warning letter issued. Yau Tong (Shipbuilding to present park and/or a sawmill & timberyard) (19) Ko Fai Road, Yau 2,133m2 15.11.2001 Storage/ Warning letter issued. Wavier application is at an advance stage of Tong (Shipbuilding to present processing of processing. and/or a materials for sawmill & recycling timberyard) purpose - 4 -
(20) Ko Fai Road, Yau 1,473m2 15.11.2001 Storage of Warning letter issued. Upon application, waiver granted at a fee. Tong (Shipbuilding to present building and/or a materials sawmill & timberyard) (21) Cha Kwo Ling 1,986m2 26.8.2003 Storage of scrap Warning letter issued. Road, Yau Tong (Shipbuilding to present metal and and/or a building sawmill & materials timberyard) (22) Cha Kwo Ling 3,237m2 3.2002 Storage of scrap Waiver application is at an advance stage of processing. Road, Yau Tong (Shipbuilding to present metal and paper and/or a for recycling sawmill & timberyard) (23) No. 8 Cheung Yee 1,418.63m² 16.6.1998 Fee-paying car Warning letter issued. Misuse rectified. Street Lai Chi Kok, (Industrial/ to 23.5.2002 park Kowloon Godown) (24) 1131 - 1137 Canton 446.7m² 2.7.2003 Fee-paying car Misuse rectified. Road, Kowloon (Industrial/ to 9.7.2003 park Godown) (25) Nos. 46-48, Anchor 356.7m² 26.8.1998 Fee-paying car Warning letters issued. Misuse was rectified. Road, Tai Kok Tsui, (Industrial) to 8.11.2002 park & open Kowloon storage (26) 111 King Lam 1,676.85m² 9.7.2001 Fee-paying car Warning letter issued. Wavier application is at an advance stage of Street, Kowloon (Industrial/ to present park Godown) processing. - 5 -
(27) 104 - 106 King 1,877.57m² 9.7.2001 Fee-paying car Warning letter issued. Upon application, waiver granted at a fee. Lam Street, (Industrial) to present park Kowloon & 77 Wing Hong Street.
(28) 495 Castle Peak 640m² 9.7.2001 Fee-paying car Warning letter issued. Upon application, waiver granted at a fee. Road, Kowloon (Factory) to present park
(29) Hok Cheung Street, 1,700m² 1992 Concrete Warning letters issued. Misuse not rectified. The lot was re-entered. The Hung Hom, (Pier) to present batching plant Kowloon ex-owner applied to High Court in September 2002 for cancellation of re-entry. Hearing of the case is pending. (30) 6B – 6E Hart 875m² 6.12.1999 Fee-paying car Upon application, waiver granted at a fee. Avenue, Tsim Sha (Residential) to present park Tsui (31) 13 Ho Man Tin 351m² 6.12.1999 Fee-paying car Warning letters issued. Misuse rectified. Street, Ho Man Tin (Residential) to 20.4.2000 park
(32) No 1131 – 1137 449.1m² 9.5.2003 Fee-paying car Misuse rectified. Canton Road, (Residential) to 9.7.2003 park Kowloon (33) No 131 Kowloon 1,378.67m² 4.5.1998 Fee-paying car Warning letter issued. Misuse rectified. City Road, To Kwa (Industrial) to 4.11.1999 park Wan, Kowloon (34) J/O San Ma Tau 5755m² 4.9.1998 Fee-paying car Warning letter issued. Upon application, waiver granted at a fee. Street & To Kwa (Reclamation to present park Wan Road, & Building) Kowloon (35) Luk Tei Tong, 2,200m2 3.2002 Concrete mixing Lease enforcement action to be considered. Mui Wo, Lantau (Agricultural) to present planting (36) Ho Chung, Sai Kung 6,600m2 8.2003 Golf driving Structures to be surveyed and lease enforcement will be taken as appropriate. (Agricultural) to present range - 6 - (37) Tai Po Tsai, Sai Kung 791m2 9.2002 Restaurant and Lease enforcement action being considered. FEHD has been informed to take (Agricultural) to present golf driving range appropriate action against the restaurant. (38) Lung Mei, Sai Kung 162m2 8.2002 Car repairing Structures to be surveyed and lease enforcement action will be taken as (Agricultural) to present appropriate. (39) Lung Kwu Tan, Tuen 1,854m2 1999 Golf driving Misuse rectified. Mun (Agricultural) to mid 2003 range activities with the erection of structures on site (40) Fui Sha Wai, Yuen 430m2 10.3.1999 Car repairing Lease enforcement action to be considered. Long (Agricultural) to present (41) Fui Sha Wai, Yuen 114m2 10.3.1999 Car repairing Lease enforcement action to be considered. Long (Agricultural) to present (42) Yuen Kong Tsuen, 112m2 4.5.1999 Dumping of Lease enforcement action to be considered. Yuen Long (Agricultural) to present construction materials (43) Tong Yan San Tsuen, 28m2 20.5.1999 Car repairing Lease enforcement action to be considered. Yuen Long (Agricultural) to present (44) Shui Pin Wai, Yuen 30m2 24.6.1999 Car parking & Lease enforcement action to be considered. Long (Agricultural) to present flea market (45) Ha Tsuen, Yuen Long 522m2 27.8.1999 Open storage for Lease enforcement action to be considered. (Agricultural) to present constructions material (46) Pak Sha, Yuen Long 336m2 20.9.1999 Furniture storage Lease enforcement action to be considered. (Agricultural) to present
- 7 - (47) Wang Toi Shan, Yuen 133m2 6.10.1999 Canteen Lease enforcement action to be considered. Long (Agricultural) to present (48) Fairview Park, Yuen 170m2 14.12.1999 Open storage Planning application being considered by Town Planning Board. Lease Long (Agricultural) to present enforcement action withheld. (49) Pok Wai, Yuen Long 232m2 28.12.1999 Timber yard Waiver application under processing. (Agricultural) to present (50) Nam Sha Po, Yuen 300m2 28.12.1999 Open storage for Lease enforcement action to be considered. Long (Agricultural) to present container (51) Tong Yan San Tsuen, 361m2 18.1.2000 Car park Lease enforcement action to be considered. Yuen Long (Agricultural) to present (52) Pat Heung, Yuen 15m2 29.2.2000 Open storage Lease enforcement action to be considered. Long (Agricultural) to present (53) San Tin, Yuen Long 175m2 27.4.2000 Slaughter house Lease enforcement action to be considered. (Agricultural) to present (54) Fairview Park, Yuen 374m2 19.5.2000 Restaurant Lease enforcement action to be considered. Long (Agricultural) to present (55) Hang Mei Tsuen, 73m2 23.6.2000 Car park Waiver application under processing. Yuen Long (Agricultural) to present (56) Ko Po Tsuen, Yuen 1,437m2 20.7.2000 Storage of Lease enforcement action to be considered. Long (Agricultural) to present vehicles (57) Pak Sha, Yuen Long 750m2 21.7.2000 Car repairing Lease enforcement action to be considered. (Agricultural) to present (58) Fairview Park Road 3,314m2 3.10.2000 Golf driving Misuse rectified. South, Yuen Long (Agricultural) to 31.12.2001 range & flea market
- 8 - (59) Ha Yau Tin Tsuen, 65m2 9.10.2000 Car park Lease enforcement action to be considered. Yuen Long (Agricultural) to present (60) Sheung Tsuen, Yuen 5,398m2 7.11.2000 Studio & drinking Re-entry action in progress. Long (Agricultural) to present bar (61) Kam Tin, Yuen Long 1,815m2 8.6.2001 Container car Lease enforcement action to be considered. (Agricultural) to present park (62) Tin Lin Tsuen, Yuen 177m2 17.8.2001 Car repairing Lease enforcement action to be considered. Long (Agricultural) to present (63) Lok Ma Chau, Yuen 2,175m2 27.8.2001 Car services Waiver application under processing. Long (Agricultural) to present (64) Au Tau, Yuen Long 220m2 8.11.2001 Workshop Lease enforcement action to be considered. (Agricultural) to present (65) Pat Heung, Yuen 299m2 18.6.2002 Storage of marble Misuse rectified. Long (Agricultural) to 25.7.2002 (66) Ha Tsuen, Yuen Long 281m2 27.6.2002 Storage Misuse rectified. (Agricultural) to 12.2002 (67) Ngau Tam Mei, Yuen 472m2 3.7.2002 Car repairing Waiver application under processing. Long (Agricultural) to present (68) San Tin, Yuen Long 30m2 19.8.2002 Car park Legal advice for lease enforcement action being sought. (Agricultural) to present (69) Pat Heung, Yuen 4,105m2 26.11.2002 Studio Lease enforcement action to be considered. Long (Agricultural) to present (70) Kong Ha Wai, Pat 2,087m2 9.12.2002 Timber yard Lease enforcement action to be considered. Heung, Yuen Long (Agricultural) to present (71) Hung Uk Tsuen, 126m2 10.12.2002 Metal workshop Lease enforcement action to be considered. Yuen Long (Agricultural) to present - 9 - (72) Shan Ha Road, Yuen 340m2 14.12.2002 Waste paper Lease enforcement action to be considered. Long (Agricultural) to present factory (73) Lau Fau Shan, Yuen 6,287m2 31.12.2002 Flea market Lease enforcement action to be considered. Long (Agricultural) to present (74) Hoi Pui Tsuen Pat 5,091m2 4.1.2003 Organic farm Lease enforcement action to be considered. Heung, Yuen Long (Agricultural) to present (75) Chung Uk Tsuen, 688m2 10.2.2003 Storage Lease enforcement action to be considered. Yuen Long (Agricultural) to present (76) Fung Kong Tsuen, 1,161m2 10.2.2003 Warehouse Lease enforcement action to be considered. Yuen Long (Agricultural) to present (77) Sheung Tsuen Shek 1,187m2 28.3.2003 Vehicle Lease enforcement action to be considered. Kong, Yuen Long (Agricultural) to present dismantling plant (78) San Tin, Yuen Long 650m2 3.4.2003 Storage Lease enforcement action to be considered. (Agricultural) to present (79) San Tin, Yuen Long 125m2 4.4.2003 Workshop Lease enforcement action to be considered. (Agricultural) to present (80) Hang Tau Tsuen, 85m2 10.4.2003 Storage Lease enforcement action to be considered. Yuen Long (Agricultural) to present (81) Tai Sang Wai, Yuen 1,084m2 11.4.2003 Race track for Lease enforcement action to be considered. Long (Agricultural) to present radio-controlled model car (82) Ko Po Tsuen, Yuen 720m2 23.4.2003 Car showroom Lease enforcement action to be considered. Long (Agricultural) to present (83) Kam Tin Road, Yuen 3,300m2 5.5.2003 Car repairing Lease enforcement action to be considered. Long (Agricultural) to present
- 10 - (84) San Lung Wai, Yuen 227m2 8.5.2003 Open storage Waiver application under processing. Long (Agricultural) to present (85) Pat Heung, Yuen 639m2 14.5.2003 Open storage for Lease enforcement action to be considered. Long (Agricultural) to present private cars (86) Wing Ping Tsuen, 455m2 15.5.2003 Flea market Lease enforcement action to be considered. Yuen Long (Agricultural) to present (87) San Tin, Yuen Long 2,958m2 5.6.2003 Traffic service Lease enforcement action to be considered. (Agricultural) to present station (88) Wang Toi Shan San 124m2 5.6.2003 Vehicle workshop Lease enforcement action to be considered. Tsuen, Yuen Long (Agricultural) to present (89) Sheung Che, Yuen 119m2 5.6.2003 Storage of Lease enforcement action to be considered. Long (Agricultural) to present construction material (90) Kam Tin, Yuen Long 1,639m2 5.6.2003 Storage of Waiver application under processing. (Agricultural) to present construction material (91) Sheung Che, Yuen 191m2 5.6.2003 Machinery repair Lease enforcement action to be considered. Long (Agricultural) to present workshop (92) Ngau Tam Mei, Yuen 282m2 6.6.2003 Warehouse Lease enforcement action to be considered. Long (Agricultural) to present (93) Lam Hau, Yuen Long 87m2 20.6.2003 Storage of Lease enforcement action to be considered. (Agricultural) to present construction material (94) Kwu Tung, Yuen 276m2 21.8.2003 Lorry & container Lease enforcement action to be considered. Long (Agricultural) to present trailer park & workshop - 11 - (95) Wing Lung Wai, 590m2 25.8.2003 Car park Lease enforcement action in progress. Yuen Long (Agricultural) to present (96) Shek Wu Wai, Yuen 644m2 5.9.2003 Lorry & container Lease enforcement action to be considered. Long (Agricultural) to present trailer park & workshop (97) Sheung Che, Pat 387m2 25.9.2003 Car park Lease enforcement action to be considered. Heung, Yuen Long (Agricultural) to present (98) Pat Heung, Yuen 729m2 3.10.2003 Car repairing Lease enforcement action to be considered. Long (Agricultural) to present (99) Ngau Tam Mei, Yuen 138m2 14.10.2003 Container park Lease enforcement action to be considered. Long (Agricultural) to present (100) Muk Kiu Tau Tsuen, 30m2 21.10.2003 Storage of scrap Lease enforcement action to be considered. Yuen Long (Agricultural) to present metal & plastic materials (101) Shui Pin Wai, Yuen 744m2 4.12.2003 Flea Market Demolition action to be taken shortly. Long (Agricultural) to present